News & Analysis as of

Military Service Members Discrimination

Step by Step: Employee Benefits in the Supreme Court

In conjunction with the start of the Supreme Court’s new term, Eversheds Sutherland took a look back at the Court’s work in employee benefit cases since the enactment of ERISA. We found an astonishing 128 decisions, spanning...more

Management Alert – The Current Federal Retrenchment on LGBT Rights

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The first eight months of the new administration signals a retrenchment on the executive branch’s view of legal protections due LGBT individuals, including in employment....more

New Jersey Expands Protection for United States Armed Forces Members and Veterans under New Jersey Law Against Discrimination

by FordHarrison on

Governor Chris Christie signed into law New Jersey Senate Bill S726, expanding the New Jersey Law Against Discrimination to prohibit all forms of discrimination against members of the Armed Forces and veterans. The law was...more

Does Transgender Military Ban Signal New Direction of Trump Administration on LGBTQ Rights?

by FordHarrison on

On July 26, 2017, President Trump announced via Twitter that the military, arguably the country’s largest employer, will no longer allow transgender people to serve, thus breaking from the Obama Administration’s lift of the...more

Third Circuit Court of Appeals Rejects Broadening USERRA’S Evidentiary Burden For Discrimination Claims

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against members of the U.S. military and imposes various obligations on employers with respect...more

Reemployment Rights of Employees Returning from Active Duty in the Armed Forces

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, weighed in on the reemployment rights of employees returning from active duty in the...more

New Mexico State Employers Cannot Avoid Private USERRA Claims

by Littler on

In Ramirez v. State of N.M. Children, Youth and Families Department, filed on April 14, 2016, the New Mexico Supreme Court ruled that a New Mexico National Guard member could assert a claim against the state as the employer...more

Job Applicant Was Rejected Due to Dishonesty, Not Prior Lawsuit, Says Sixth Circuit

On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and...more

Managers Beware: Individual Liability Confirmed Under USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against employees and potential employees based on their military service and imposes certain...more

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal Judicial Interpretation Make USERRA Compliance a Battle

Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 42: Military Veterans And Their...

by Hirschfeld Kraemer LLP on

Veterans’ rights have always been a hot-button political issue, but it took several military conflicts for Congress to confront the employment rights of private sector military veterans. In the wake of Vietnam War, two wars...more

A Not-So Happy New Year for California Employers: 2014 Legislative Update

by Stoel Rives LLP on

It has become an annual New Year’s tradition in California -- employers getting up to speed on a host of new employment laws that will affect them in the coming year. The California Legislature was busy in 2013 imposing new...more

California Employment Law Update: What’s New for 2014

by Davis Wright Tremaine LLP on

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Two New California Laws Will Affect Hiring and Fair Employment Practices

by Best Best & Krieger LLP on

AB 556 Impacts All Employers; AB 218 Impacts Public Employers Only - Gov. Brown recently signed two bills that affect hiring and fair employment practices in California. Assembly Bill 556, which adds employment...more

Health Alert (Australia) - 14 October 2013

by DLA Piper on

In This Issue: - Judgments - Legislation - Reports - Excerpt from Judgments: JUDGMENTS - Commonwealth - 8 October 2013 - Faye Mason v Military Rehabilitation and Compensation Commission...more

EmployerLINC.com - January 22, 2013: Limits on reemployment rights under USERRA

by McAfee & Taft on

Under the Uniform Services Employment and Reemployment Rights Act (USERRA), employers may not discriminate against employees based on military service. USERRA also affords employees returning from military leave with...more

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